PROJECT RESOURCE CENTER.
IT IS FOR GENERAL GUIDANCE PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE
FOR SPECIFIC TECHNICAL, PROCUREMENTOR LEGAL ADVICE FOR A PROJECT
Energy Efficiency Project Bidding Documents for Procurement of Works
Implementation of Energy Saving Measures
Section 1. Instructions to Bidders
GENERAL
1.Scope of Bid
1.1The Employer as defined in Section 2, Conditions of Contract, and as specified in the Contract Data, invites bids for the construction of Works, as described in the Contract Data. The name and identification number of the Contract is provided in the Contract Data.
1.2The successful Bidder will be expected to complete the Works by the Intended Completion Date specified in the Contract Data.
1.3 Throughout these Bidding Documents:
(a)the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt;
(b)if the context so requires, “singular” means “plural” and vice versa; and
(c)“day” means calendar day.
2.Source of Funds
2.1The Borrower, as defined in the Bidding Data, intends to apply part of the funds of a grant from the [donor], as defined in the Bidding Data, towards the cost of the Project, as defined in the Bidding Data, to cover eligible payments under the Contract for the Works. Payments by the [donor] will be made only at the request of the Borrower and upon approval by the [donor] in accordance with the Loan Agreement, and will be subject in all respects to the terms and conditions of that Agreement. Except as the [donor] may specifically otherwise agree, no party other than the Borrower shall derive any rights from the Loan Agreement or have any rights to the grant proceeds.
2.2The loan Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the [donor], is prohibited by a decision of the [donor].
3.Eligible Bidders
3.1All bidders shall provide in Section 3, Forms of Bid and Qualification Information, a statement that the Bidder (including all members of a joint venture and subcontractors) is not associated, nor has been associated in the past, directly or indirectly, with the consultant or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Project Manager for the Contract. A firm that has been engaged by the Borrower to provide consulting services for the preparation or supervision of the Works, and any of its affiliates, shall not be eligible to bid.
3.2Government-owned and majority public-owned enterprises from the Borrower country may only participate if they are (i) legally and financially autonomous, (ii) operate under commercial law and (iii) are not a dependent agency of the Borrower or Sub-Borrower.
3.3A Bidder that has been sanctioned by the [donor] in accordance with the [donor]'s Guidelines on Preventing and Combating Corruption in Projects Financed by [loans] and [credits] and [grants], shall be ineligible to be awarded a [donor]-financed contract, or benefit from a [donor]-financed contract, financially or otherwise, during such period of time as the [donor] shall determine.
3.4Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request.
4.Qualification of the Bidder
4.1All bidders shall provide in Section 3, Forms of Bid and Qualification Information, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.
4.2In the event that prequalification of potential bidders has been undertaken, only bids from prequalified bidders will be considered for award of Contract. These qualified bidders should submit with their bids any information updating their original prequalification applications or, alternatively, confirm in their bids that the originally-submitted prequalification information remains essentially correct as of the date of bid submission. The update or confirmation should be provided in Section 3.
4.3If the Employer has not undertaken prequalification of potential bidders, all bidders shall include the following information and documents with their bids in Section 3, unless otherwise stated in the Bidding Data:
(a)copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the Bidder;
(b)total monetary value of construction work performed for each of the last three years;
(c)experience in works of a similar nature and size and complexity for each of the last five years, and details of work under way or contractually committed; and clients who may be contacted for further information on those contracts;
(d)major items of construction equipment proposed to carry out the Contract;
(e)qualifications and experience of key site management and technical personnel proposed for the Contract;
(f)reports on the financial standing of the Bidder, such as profit and loss statements and auditor's reports for the past three years;
(g)evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources);
(h)authority to seek references from the Bidder's bankers;
(i)information regarding any litigation, current or during the last three years, in which the Bidder is involved, the parties concerned, and disputed amount; and
(j)proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price.
4.4Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements, unless otherwise stated in the Bidding Data:
(a)the Bid shall include all the information listed in Sub-Clause 5.3 above for each joint venture partner;
(b)the Bid shall be signed so as to be legally binding on all partners;
(c)all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms;
(d)one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and
(e)the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge.
4.5To qualify for award of the Contract, bidders shall meet the following minimum qualifying criteria:
(a)annual volume of construction work of at least the amount specified in the Bidding Data;
(b)experience as prime contractor in the construction of at least two contracts of a nature, size and complexity equivalent to the Works over the last 5 years (to comply with this requirement, works cited should be at least 70 percent complete);
(c)proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed in the Bidding Data;
(d)a Contract Manager with three years' experience in works of an equivalent nature and volume, including no less than one years as Manager; and
(e)liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of no less than the amount specified in the Bidding Data.
A consistent history of litigation or arbitration awards against the Applicant or any partner of a Joint Venture may result in disqualification.
4.6The figures for each of the partners of a joint venture shall be added together to determine the Bidder's compliance with the minimum qualifying criteria of Sub-Clause 4.5(a), (b) and (e); however, for a joint venture to qualify, all partners combined must meet all the qualification requirements under 4.5 and each of its partners must meet at least 25 percent and the partner in-charge at least 40% of the minimum requirement under 4.5(a), and for criteria 4.5 (b) at least one partner shall meet the requirement of at least one contract of a nature, size and complexity equivalent to the Works over the last 5 years (to comply with this requirement, works cited should be at least 70 percent complete). Failure to comply with this requirement will result in rejection of the joint venture's Bid. Subcontractors' experience and resources will not be taken into account in determining the Bidder's compliance with the qualifying criteria, unless otherwise stated in the Bidding Data.
5.One Bid per Bidder
5.1Each Bidder shall submit only one Bid, either individually or as a partner in a joint venture. A Bidder who submits or participates in more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidder's participation to be disqualified.
6.Cost of Bidding
6.1The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible or liable for those costs.
7.Site Visit
7.1The Bidder, at the Bidder's own responsibility and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder's own expense.
BIDDING DOCUMENTS
8.Content of Bidding Documents
8.1The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 10:
Volume 1Sections
1Instructions to Bidders
2Conditions of Contract
3Forms of Bid and Qualification
4Forms of Securities / Volume 2
Sections
5Bidding Data
6Contract Data
7Specifications
8Drawings
9Bill of Quantities or Activity Schedule for lump sum contracts
8.2The number of copies to be completed and returned with the Bid is specified in the Bidding Data.
9.Clarification of Bidding Documents
9.1A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing at the Employer's address indicated in the invitation to bid. The Employer will respond to any request for clarification received earlier than 21 days prior to the deadline for submission of bids. Copies of the Employer's response will be forwarded to all purchasers of the bidding documents, including a description of the inquiry, but without identifying its source.
10.Amendment of Bidding Documents
10.1Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda.
10.2Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum in writing to the Employer.
10.3To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend, as necessary, the deadline for submission of bids, in accordance with Sub-Clause 20.2 below.
PREPARATION OF BIDS
11.Language of Bid
11.1All documents relating to the Bid shall be in the language specified in the Contract Data.
12.Documents Comprising the Bid
12.1The Bid submitted by the Bidder shall comprise the following:
(a)The Bid (in the format indicated in Section 3);
(b)Bid Security, or Bid-Securing Declaration, in accordance with Clause 16, if required;
(c)Priced Bill of Quantities or priced Activity Schedule;
(d)Qualification Information Form and Documents;
(e)Alternative offers where invited;
and any other materials required to be completed and submitted by bidders, as specified in the Bidding Data.
13.Bid Prices
13.1The Contract shall be for the whole Works, as described in Sub-Clause 1.1, based on the priced Bill of Quantities/priced Activity Schedule for lump sum contracts submitted by the Bidder. The type of contract (Unit Price or Lump Sum) shall be specified in the Bidding Data.
13.2The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities (for lump sum contracts, described in the drawings and specifications and listed in the Activity Schedule). Items for which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities/Activity Schedule.
13.3All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates, prices, and total Bid price submitted by the Bidder (for lump sum contracts, "the rates and prices" are not applicable).
13.4The rates and prices (or the lump sum price, as appropriate) quoted by the Bidder shall be subject to adjustment during the performance of the Contract if provided for in the Bidding and Contract Data and the provisions of Clause 44 of the Conditions of Contract. The Bidder shall submit with the Bid all the information required under the Contract Data and Clause 44 of the Conditions of Contract.
14.Currency of Bid and Payment
14.1The unit rates and prices (or the lump sum price for lump-sum contracts) shall be quoted by the Bidder entirely in the currency of the Employer's country specified in the Bidding Data.
15.Bid Validity
15.1Bids shall remain valid for the period specified in the Bidding Data.
15.2In exceptional circumstances, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the bidders' responses shall be made in writing. A Bidder may refuse the request without forfeiting the Bid Security or execution of its Bid Securing Declaration. A Bidder agreeing to the request will not be required or permitted to otherwise modify the Bid, but will be required to extend the validity of Bid Security for the period of the extension, and in compliance with Clause 16 in all respects.
16.Bid Security and Bid-Securing Declaration
16.1The Bidder shall furnish, as part of the Bid, a Bid Security or a Bid-Securing Declaration in original form as specified in the Bidding Data.
16.2The Bid Security shall be in the amount specified in the Bidding Data and denominated in the currency of the Employer’s country and, at the Bidder's option, be in the form of either a letter of credit, or guarantee from a local [donor] which has been determined by the Bidder to be acceptable to the Employer. The format of the Bid Security should be substantially in accordance with the forms of Bid Security ([donor] Guarantee) or Bid-Securing Declaration included in Section 4 or another form acceptable to the Employer. Bid Security shall be valid for 28 days beyond the validity of the Bid, as extended, if applicable, in accordance with Sub-Clause 15.2.
16.3Any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration shall be rejected by the Employer. The Bid Security or Bid-Securing Declaration of a joint venture must define a "bidder" as all joint venture partners and list them in the following manner: a joint venture consisting of "______", "______", and "______.
16.4The Bid Security or the Bid- Securing Declaration of unsuccessful bidders will be returned within 28 days of the end of the Bid validity period specified in Sub-Clause 15.1.
16.5The Bid Security or the Bid- Securing Declaration of the successful Bidder will be discharged when the Bidder has signed the Agreement and furnished the required Performance Security.
16.6The Bid Security or the Bid-Securing Declaration may be forfeited
(a)if the Bidder withdraws the Bid after Bid opening during the period of Bid validity;
(b)if the Bidder does not accept the correction of the Bid price, pursuant to Clause 27; or
(c)in the case of a successful Bidder, if the Bidder fails within the specified time limit to
(i)sign the Agreement; or
(ii)furnish the required Performance Security.
16.7If a bid security is not required in the Bidding Data, and
(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid Form, except as provided in ITB 15.2, or
(b) if the successful Bidder fails to: sign the Agreement in accordance with ITB 31; or furnish a performance security in accordance with ITB 32;
The Borrower may, if provided for in the Bidding Data, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the Bidding Data.
17.Alternative Proposals by Bidders
17.1Alternatives shall not be considered, unless specifically allowed in the Bidding Data. If so allowed, Sub-Clauses 17.1 and 17.2 shall govern, and Bidding Data shall specify which of the following options shall be allowed:
(a)Option One. A bidder may submit alternative bids with the base bid and the Employer shall only consider the alternative bids offered by the Bidder whose bid for the base case was determined to be the lowest-evaluated bid, or
(b)Option Two. A bidder may submit an alternative bid with or without a bid for the base case. All bids received, for the base case, as well as alternative bids meeting the technical specifications and performance requirements pursuant to Section 7, shall be evaluated on their own merits.
17.2Alternative bids shall provide all information necessary for a complete evaluation of the alternative by the Employer, including design calculations, technical specifications, breakdown of prices, proposed construction methods and other relevant details.